49 U.S.C. § 32905

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 32905 - Manufacturing incentives for alternative fuel automobiles

(a) DEDICATED AUTOMOBILES.-Except as provided in subsection (c) of this section or section 32904(a)(2) of this title, for any model of dedicated automobile manufactured by a manufacturer after model year 1992, the fuel economy measured for that model shall be based on the fuel content of the alternative fuel used to operate the automobile. A gallon of a liquid alternative fuel used to operate a dedicated automobile is deemed to contain .15 gallon of fuel.

(b) DUAL FUELED AUTOMOBILES.-Except as provided in subsection (d) of this section or section 32904(a)(2) of this title, for any model of dual fueled automobile manufactured by a manufacturer in model years 1993 through 2019, the Administrator of the Environmental Protection Agency shall measure the fuel economy for that model by dividing 1.0 by the sum of-

(1) .5 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and

(2) .5 divided by the fuel economy-

(A) measured under subsection (a) when operating the model on alternative fuel; or

(B) measured based on the fuel content of B20 when operating the model on B20, which is deemed to contain 0.15 gallon of fuel.

(c) GASEOUS FUEL DEDICATED AUTOMOBILES.-For any model of gaseous fuel dedicated automobile manufactured by a manufacturer after model year 1992, the Administrator shall measure the fuel economy for that model based on the fuel content of the gaseous fuel used to operate the automobile. One hundred cubic feet of natural gas is deemed to contain .823 gallon equivalent of natural gas. The Secretary of Transportation shall determine the appropriate gallon equivalent of other gaseous fuels. A gallon equivalent of gaseous fuel is deemed to have a fuel content of .15 gallon of fuel.

(d) GASEOUS FUEL DUAL FUELED AUTOMOBILES.-For any model of gaseous fuel dual fueled automobile manufactured by a manufacturer in model years 1993 through 2019, the Administrator shall measure the fuel economy for that model by dividing 1.0 by the sum of-

(1) .5 divided by the fuel economy measured under section 32904(c) of this title when operating the model on gasoline or diesel fuel; and

(2) .5 divided by the fuel economy measured under subsection (c) of this section when operating the model on gaseous fuel.

(e) ELECTRIC DUAL FUELED AUTOMOBILES.-

(1) IN GENERAL.-At the request of the manufacturer, the Administrator may measure the fuel economy for any model of dual fueled automobile manufactured after model year 2015 that is capable of operating on electricity in addition to gasoline or diesel fuel, obtains its electricity from a source external to the vehicle, and meets the minimum driving range requirements established by the Secretary for dual fueled electric automobiles, by dividing 1.0 by the sum of-

(A) the percentage utilization of the model on gasoline or diesel fuel, as determined by a formula based on the model's alternative fuel range, divided by the fuel economy measured under section 32904(c); and

(B) the percentage utilization of the model on electricity, as determined by a formula based on the model's alternative fuel range, divided by the fuel economy measured under section 32904(a)(2).

(2) ALTERNATIVE CALCULATION.-If the manufacturer does not request that the Administrator calculate the manufacturing incentive for its electric dual fueled automobiles in accordance with paragraph (1), the Administrator shall calculate such incentive for such automobiles manufactured by such manufacturer after model year 2015 in accordance with subsection (b).

(f) FUEL ECONOMY CALCULATIONS.-The Administrator shall calculate the manufacturer's average fuel economy under section 32904(a)(1) of this title for each model described under subsections (a)-(d) of this section by using as the denominator the fuel economy measured for each model under subsections (a)-(d).

(g) FUEL ECONOMY INCENTIVE REQUIREMENTS.-In order for any model of dual fueled automobile to be eligible to receive the fuel economy incentives included in section 32906(a) and (b), a label shall be attached to the fuel compartment of each dual fueled automobile of that model, notifying that the vehicle can be operated on an alternative fuel and on gasoline or diesel, with the form of alternative fuel stated on the notice. This requirement applies to dual fueled automobiles manufactured on or after September 1, 2006.

49 U.S.C. § 32905

Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1065; Pub. L. 104-287, §5(63), Oct. 11, 1996, 110 Stat. 3395; Pub. L. 109-58, title VII, §§759, Aug. 8, 2005, 772, Aug. 8, 2005, 119 Stat. 833, 834; Pub. L. 110-140, title I, §109(b), (c), Dec. 19, 2007, 121 Stat. 1506; Pub. L. 113-291, div. A, title III, §318(c), Dec. 19, 2014, 128 Stat. 3341.

HISTORICAL AND REVISION NOTE
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
32905(a)	15:2013(a), (f)(1).	Oct. 20, 1972, Pub. L. 92-513, 86 Stat. 947, §513(a)-(f); added Oct. 14, 1988, Pub. L. 100-494, §6(a), 102 Stat . 2448; Oct. 24, 1992, Pub. L. 102-486, §403(5)(A)-(F), 106 Stat. 2876.
32905(b)	15:2013(b), (f)(1).
32905(c)	15:2013(c), (f)(1).
32905(d)	15:2013(d), (f)(1).
32905(e)	15:2013(e).
32905(f)	15:2013(f)(2)(B).
32905(g)	15:2013(f)(2)(A).

In subsections (a) and (c), the words "after model year 1992" are substituted for "Subsections (a) and (c) shall apply only to automobiles manufactured after model year 1992" because of the restatement.In subsections (b) and (d), before each clause (1), the words "in model years 1993-2004" are substituted for "Except as otherwise provided in this subsection, subsections (b) and (d) shall apply only to automobiles manufactured in model year 1993 through model year 2004" to eliminate unnecessary words and because of the restatement. In subsection (c), the words "For purposes of this section" and "than natural gas" are omitted as unnecessary because of the restatement. The words "a gallon equivalent of natural gas" are omitted as being included in "A gallon equivalent of any gaseous fuel".In subsection (e), the words "subject to the provisions of this section" are omitted as unnecessary because of the restatement. The words "for each model described under subsections (a)-(d) of this section" are substituted for "for each model type of dedicated automobile or dual fueled automobile" to eliminate unnecessary words. The words "by using as the denominator" are substituted for "by including as the denominator of the term" for clarity.

EDITORIAL NOTES

AMENDMENTS2014-Subsecs. (e) to (g). Pub. L. 113-291 added subsec. (e) and redesignated former subsecs. (e) and (f) as (f) and (g), respectively.2007-Subsec. (b). Pub. L. 110-140, §109(b)(1), substituted "1993 through 2019" for "1993-2010" in introductory provisions.Subsec. (b)(2). Pub. L. 110-140, §109(c), amended par. (2) generally. Prior to amendment, par. (2) read as follows: ".5 divided by the fuel economy measured under subsection (a) of this section when operating the model on alternative fuel."Subsec. (d). Pub. L. 110-140, §109(b)(2), substituted "1993 through 2019" for "1993-2010" in introductory provisions.Subsecs. (f) to (h). Pub. L. 110-140, §109(b)(3), (4), redesignated subsec. (h) as (f) and struck out former subsecs. (f) and (g) which related to temporary extension of application of subsecs. (b) and (d) and study and report on success of the policy of subsecs. (b) and (d), respectively.2005-Subsecs. (b), (d). Pub. L. 109-58, §772(a)(1), substituted "1993-2010" for "1993-2004" in introductory provisions.Subsec. (f). Pub. L. 109-58, §772(a)(2), substituted "2007" for "2001" in introductory provisions. Subsec. (f)(1). Pub. L. 109-58, §772(a)(3), substituted "2010" for "2004".Subsec. (h). Pub. L. 109-58, §759, added subsec. (h).1996-Subsec. (g). Pub. L. 104-287 substituted "Committee on Commerce" for "Committee on Energy and Commerce".

STATUTORY NOTES AND RELATED SUBSIDIARIES

EFFECTIVE DATE OF 2007 AMENDMENT Amendment by Pub. L. 110-140 effective on the date that is 1 day after Dec. 19, 2007, see section 1601 of Pub. L. 110-140 set out as an Effective Date note under section 1824 of Title 2, The Congress.

average fuel economy: "average fuel economy" means average fuel economy determined under section 32904 of this title.
dedicated automobile: "dedicated automobile" means an automobile that operates only on alternative fuel.
dual fueled automobile: "dual fueled automobile" means an automobile that-(A) is capable of operating on alternative fuel or a mixture of biodiesel and diesel fuel meeting the standard established by the American Society for Testing and Materials or under section 211(u) of the Clean Air Act (42 U.S.C. 7545(u)) for fuel containing 20 percent biodiesel (commonly known as "B20") and on gasoline or diesel fuel;(B) provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the United States Government, when operating on alternative fuel as when operating on gasoline or diesel fuel;(C) for model years 1993-1995 for an automobile capable of operating on a mixture of an alternative fuel and gasoline or diesel fuel and if the Administrator of the Environmental Protection Agency decides to extend the application of this subclause, for an additional period ending not later than the end of the last model year to which section 32905(b) and (d) of this title applies, provides equal or superior energy efficiency, as calculated for the applicable model year during fuel economy testing for the Government, when operating on a mixture of alternative fuel and gasoline or diesel fuel containing exactly 50 percent gasoline or diesel fuel as when operating on gasoline or diesel fuel; and(D) for a passenger automobile, meets or exceeds the minimum driving range prescribed under subsection (c) of this section.
fuel economy: "fuel economy" means the average number of miles traveled by an automobile for each gallon of gasoline (or equivalent amount of other fuel) used, as determined by the Administrator under section 32904(c) of this title.
fuel: "fuel" means-(A) gasoline;(B) diesel oil; or(C) other liquid or gaseous fuel that the Secretary decides by regulation to include in this definition as consistent with the need of the United States to conserve energy.
manufacturer: "manufacturer" means-(A) a person engaged in the business of manufacturing automobiles, including a predecessor or successor of the person to the extent provided under regulations prescribed by the Secretary; and(B) if more than one person is the manufacturer of an automobile, the person specified under regulations prescribed by the Secretary.
model: "model" means a class of automobiles as decided by regulation by the Administrator after consulting and coordinating with the Secretary.